• Nathan-Joyce v Silver Oaks Group Ltd (in receivership)

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Transfer of business – Whether applicant dismissed or offered employment with new employer – ARREARS OF WAGES –…
    Result:
    Applications dismissed ; No order for costs
  • McGarry v Papakura RSA Inc

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • Prasad v Just Samosas and Caterers Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement – Outstanding wages and holiday pay – Instalments – Some payments not made – No appearance for respondent – PENALTY…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($500)(payable to applicant) ; No order for costs
  • Narayan v Telecom New Zealand Ltd

    T MacKinnon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably disadvantaged by withdrawal of promotion and discrimination in workplace and unjustifiably dismissed by respondent – Applicant applied for…
    Result:
    Applications dismissed ; Costs reserved
  • Asiaciti Trust New Zealand Ltd v Harris

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – Applicant sought to enforce non-competition clause preventing respondent from working for competitor - 12 month restraint – No specified geographical area - Restraint not negotiable -…
    Result:
    Application dismissed ; Costs reserved
  • Simpson v Helia Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s repeated comments applicant should resign – Authority found fair and reasonable employer would not have pressured applicant to resign in way…
    Result:
    Application granted ; Contributory conduct (one third) ; Compensation for humiliation etc ($400) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Ingham (Labour Inspector) v Chargrill Burgers Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Respondent to provide applicant with copies of…
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • Carney v Makana Northland Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Whether applicant entitled to be paid during notice period when applicant unable to work during notice period – Carpal Tunnel…
    Result:
    Application granted (arrears of wages) ; Arrears of wages (quantum to be determined) ; Application dismissed (raising personal grievance) ; Costs reserved
  • Kilpatrick v Air New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicant claimed unjustifiably disadvantaged by mismanagement of incident, bullying, intimidation and warning – Personal grievance letter relating to warning…
    Result:
    Application dismissed ; Costs reserved
  • Bowles v AGI Australasia Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted; Orders accordingly; No order for costs